TTAB’s COLD WAR MUSEUM cancellation decision reversed

World Trademark Review Daily
December 4, 2009

Addressing certain evidentiary and burden of proof rules associated with cancellation proceedings before the Trademark Trial and Appeal Board, the Federal Circuit reversed the Board’s decision canceling a registration for the mark THE COLD WAR MUSEUM for “museum services”, where the court concluded that the evidence made of record during the prosecution of the underlying registration (i.e., the registration sought to be cancelled), was “of record” in the cancellation proceeding, even though such evidence was not formally introduced by the parties to the proceeding.

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